Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-11-15
BElCHER WILL CASE.
Lawyer Strout tells the Jury what the
Plans of DR.. Cheney were---He is Fol
lowed by Judge Symonds---The ver-
dict
PORTLAND, Nov. "A.


the arguments, it was admitted by the coun-
sci for the contestants that in respect to the
formal parts of the will, it was properly exc
cuted. This left only two questions for the
jury lst was she of sound deposing minds
2nd, was she under undue influence in any
way! Either of these questions determined
In favor of the contestants would inyalidate
the will. In behalf of the contestants Mr.
Strout argued that the manner in which the
will was obtained and the secrecy maintained
In regard to it, and the evasions of DIR. Che
ney and Mrs. Butler showed an apprehension
that if any of Mrs. Belcher's friends and rel
atives should know about the will they might
investigate and advise Mrs. Belcher SO that
the will would be changed. DIR. Cheney's
hiring Miss Higgings, who had been en-
ployed for years at a dollar day, showed a
desire to bribe Miss Higgins into silence
The witnesses to the will were among the
people in town least acquainted with Mrs
Belcher and least capable to judge of the
mental capacity of the testatrix. Mr.. Strout
said he did not claim that the old lady was
demented. She was sharp enough in some
things but she was not of that strength of
mind to dispose of her property with judg
ment and discrimination Mr.. Strout re-
viewed the testimony i'll regard to this. He
continued, but if you should come to the
conclusion that she might make a will. the
question comes whether it was her will or
DIR. Cheney's. When party in confidential
relations with the testator writes will in
which he receives large benefit the presump-
ton of law is that there was undue influence.
Now while DIR. Cheney did not get anything
himself, it went to Bates College, which will
always be a lasting monument to his life.
But We are willing to assume this burden.
The will itself is piece of evidence in re-
gard to this also the condition of the testa-
trix and her relations with her kindred. 1t
is an unnatural will and calls for scrutiny.
Undue influence is the dominion obtained in
any way over the mind of another. One wit
she should give her property to the college.
At this time her son was in good health and
Mrs Belchcr had not a dollar of property.
1t is not natural for mother to speculate in
this way about the death of her son. MIR,
Strout here traced DIR. Cheney's course with
Mrs Belcher. He never called on Mrs.
Becher until her son died. lie did not tell
her his purpose but he said he called a
II
cred his approaches, and talked over old
times. He thus got up bond of sympathy
Mr.. Strout here compared DIR. Cheney and
Mrs Belchcr and said, II don't object to his
asking for money but do object to his fol
lowing this woman up year after year till she
became as wax in his hands," DIR. Cheney
went there time and time again; but never
in the presence of anybody did he mention
his purpose. He was too shrewd to allow his
influence to be broken in that way. DIR. |
Cheney is an enthusiast for Bates College, |
and for that reason he has done things that
he otherwise would not do. If this reflects
on Dr. Cheney cant help it. am discuss
ing the case as believe the evidence war
rants Mr. Strout criticised Dr. Cheney in
PRAYING with Mrs. Relcher, when his sole /
object was to get her property. She was
distressed. She had not the power to stand
against him. Her relatives were not rich
DR. Cheney ought to have advised her to
consult her friends in this matter Mr. |
Strout made strong argument from first to
last.
Judge Symonds began in behalf of the will
a quarter before one He alluded to the re-
sponsbility of the counsel in this case and
the principle involved, Judge Symonds
continued: The failure of this case does
not hang on anything may say. This case
does not trembIe in the balance. There is
prcponderance of law evidence
in support of the will. This case is of little
importance financially to Mrs. Belcher's rel
atiyes They are all well of; but 1t is
matter of Importance to Bates College
There is something more important than
that: whether deeds and wills are to go for
nothing in court of law. When will is
witnessed, that gives degree of publicity to
il. and that is all the law requires. The
court has decided this question and it is of
importance only as it affects the questions on
which the jury is to pass. Is it true that the
witnesses were strangers? Is there any ques-
ton that the will was executed with the full
est knowledge on the part of Mrs. Belcher:
Does not the law say that a person of sound
deposing mind twenty-one years Old, may
make will; and when it is made is it to be
sneered out of court by breath: At tins
point the court adjourned for dinner. Judge
Svmonds continued his argument after re-
cess and did not finish till late, his argument
occupying three hours.
Judge Walton gave the case to the jury
and they went on; at six O'Clock. At seven
o'clock the Jury returned into court with the
following answers to the questions which
were submitted to them:
Was Sarah 5. Belcher, the testatrix, OF
soupd mind at the time she executed the said
instrument which purports to be her last Will
and testament.
Answer---Ies.
Was Sarah $. Belcher, the testatrix' OF
sound mind at the time she executed the SAID
instrument which purports to be the codlcl
TO her last will and testament
Answer--Ies.
Was said testatrix induced to make and
execute said instrument which purports to be
her last-will and testament by fraud OF undue
influence:
Answer---No.
Was said testatrix induced to make and
execute said instrument purporung to be
codicil. bv fraud or undue influence:
Answer---No.
This verdict has the effect TO affirm the
will and admit it to probate as the will of
Mrs. Belcher.
THE SUDDEN DEATH